NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1163-19 STATE OF NEW JERSEY, Plaintiff-Respondent, v. ERNEST FRANCOIS, a/k/a JAMAL BAPTISTE, ERNEST FRANCYS, Defendant-Appellant. _______________________ Submitted February 23, 2021 – Decided March 15, 2021 Before Judges Yannotti and Mawla. On appeal from the Superior Court of New Jersey, Law Division, Essex County, Indictment No. 97-08-3422. Joseph E. Krakora, Public Defender, attorney for appellant (Mark Zavotsky, Designated Counsel, on the brief). Theodore N. Stephens II, Acting Essex County Prosecutor, attorney for respondent (Matthew E. Hanley, Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief). PER CURIAM Defendant Ernest Francois appeals from an October 8, 2019 order denying his petition for post-conviction relief (PCR). We affirm. In December 1998, defendant pled guilty to third-degree conspiracy, N.J.S.A. 2C:5-2, and third-degree possession of a controlled dangerous substance (CDS), cocaine, with intent to distribute within 1000 feet of a school zone, N.J.S.A. 2C:35-7. Defendant completed plea forms, which confirmed he was not a United States citizen and acknowledged he may be deported as a result of his plea. During the plea colloquy, defendant testified he was satisfied with his attorney's services and was voluntarily entering into the plea. In April 1999, he was sentenced to three years' probation with 364 days in jail to be served on the weekends. Defendant did not appeal from this conviction or sentence. In a separate matter, stemming from a 2002 incident, defendant was tried and convicted by a jury for reckless manslaughter, possession of a handgun, and possession of a handgun for an unlawful purpose. We affirmed defendant's convictions and remanded his sentence for reasons unrelated to this appeal. State v. Francois, Docket No. A-5739-03 (App. Div. June 9, 2006) (slip op. at 25). A-1163-19 2 In July 2018, defendant filed a pro se PCR petition challenging the guilty plea. His certification stated: My attorney told me if I pled guilty I would not face deportation. He barely even mentioned that I would face immigration issues. My attorney said this charge was not deportable and I do not need to worry. If I would [have known] this I would [have] went to trial to prove my innocence. Through PCR counsel, defendant filed another certification stating: I went through the plea form with my attorney and he circle[d] "[y]es" for question [seventeen], indicating that I was not a U.S. citizen and that I may be deported by virtue of the plea. My attorney told me not to worry, that I would not face deportation. He barely said anything about immigration consequences other than to tell me that the charge was not deportable and that I did not need to worry. This was not correct. I am now …
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